S T A T E O F N E W Y O R K
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10440
I N A S S E M B L Y
May 18, 2020
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Gottfried)
-- read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to accreditation,
approval, and operation of midwifery birth centers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 11 of section 2803 of the public health law, as
added by chapter 397 of the laws of 2016, is amended to read as follows:
11. (A) The commissioner shall make regulations relating to midwifery
birth centers, including relating to establishment, construction, and
operation, considering the standards of state and national professional
associations of midwifery birth centers, in consultation with represen-
tatives of midwives, midwifery birth centers, and general hospitals
providing obstetric services.
(B) (I) AS USED IN THIS SUBDIVISION, "ACCREDITING ORGANIZATION" MEANS
A NATIONAL ACCREDITING ORGANIZATION THAT PROVIDES ACCREDITATION TO
MIDWIFERY BIRTH CENTERS, RECOGNIZED BY THE COMMISSIONER IN CONSULTATION
WITH REPRESENTATIVES OF MIDWIVES, MIDWIFERY BIRTH CENTERS, AND GENERAL
HOSPITALS PROVIDING OBSTETRIC SERVICES. THE COMMISSIONER SHALL NOT
UNREASONABLY WITHHOLD RECOGNITION OF AN ORGANIZATION SEEKING TO BE
RECOGNIZED UNDER THIS PARAGRAPH.
(II) WHERE A PROPOSED MIDWIFERY BIRTH CENTER DEMONSTRATES THE INTENT
AND CAPABILITY TO OBTAIN AND MAINTAIN ACCREDITATION BY AN ACCREDITING
ORGANIZATION, IT SHALL BE DEEMED TO MEET THE REQUIREMENTS OF THIS ARTI-
CLE FOR A MIDWIFERY BIRTH CENTER FOR APPROVAL OF A CERTIFICATE OF INCOR-
PORATION, ARTICLES OF ORGANIZATION AND ESTABLISHMENT, AS TO ANY MATTER
PROVIDED FOR IN THE ACCREDITING ORGANIZATION'S STANDARDS.
(III) REGULATIONS AND REQUIREMENTS OF THE COMMISSIONER FOR APPROVAL OF
A CERTIFICATE OF INCORPORATION, ARTICLES OF ORGANIZATION, ESTABLISHMENT,
AND OPERATION OF A MIDWIFERY BIRTH CENTER ESTABLISHED OR SEEKING TO BE
ESTABLISHED UNDER THIS ARTICLE, INCLUDING A DETERMINATION OF PUBLIC NEED
AND COMPLIANCE WITH OPERATIONAL AND PHYSICAL PLANT STANDARDS, SHALL NOT
BE INCONSISTENT WITH ARTICLE ONE HUNDRED FORTY OF THE EDUCATION LAW AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16348-01-0
A. 10440 2
THE STANDARDS OF THE ACCREDITING ORGANIZATION FROM WHICH THE MIDWIFERY
BIRTH CENTER PROPOSES TO SEEK, SEEKS OR HAS OBTAINED ACCREDITATION.
§ 2. This act shall take effect immediately.